12-04770

FIRST INSERTION
AMENDED NOTICE OF SALE
.IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.: 2010-015395-CI
DIVISION: 11
WELLS FARGO, N.A., AS
TRUSTEE FOR THE
REGISTERED HOLDERS OF DLJ COMMERCIAL MORTGAGE CORP., COMMERCIAL
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2000-CFI, ACTING BY AND THROUGH CWCAPITAL ASSET MANAGEMENT LLC, SOLELY IN ITS CAPACITY AS SPECIAL SERVICER,
Plaintiff, vs.
SRA/PARADYNE, LTD., a Florida limited partnership,
Defendant.
NOTICE is hereby given that pursuant to the Summary Final Judgment of Foreclosure entered in this cause on April 26, 2012, pending in The Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, Case No.: 2010-015395-CI, the undersigned clerk will sell the real property situated in said County, described as:
See Exhibit “A” attached hereto,
EXHIBIT A
Legal Description of Land
A PORTION OF LOTS 1 AND 2, SPECTRUM TECHNOLOGY PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 117, PAGES 30 THROUGH 33, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING WITHIN THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 12; RUN THENCE SOUTH 89 DEG.02'20” EAST, ALONG THE NORTH BOUNDARY LINE OF SAID SECTION 12, A DISTANCE OF 1,403.70 FEET; RUN THENCE SOUTH 00 DEG.10' 08” WEST, A DISTANCE OF 72.00 FEET, TO A POINT ON THE SOUTH RIGHTOF-WAY LINE OF ULMERTON ROAD (STATE ROAD NO. 688), SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 2, SPECTRUM TECHNOLOGY PARK AS RECORDED IN PLAT BOOK 117, PAGES 30-33, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; RUN THENCE ALONG THE NORTHERLY AND EASTERLY BOUNDARY LINES OF SAID SPECTRUM TECHNOLOGY PARK THE FOLLOWING FOUR (4) COURSES: (1) THENCE SOUTH 89 DEG.02' 20” EAST, A DISTANCE OF 295.09 FEET; (2) THENCE SOUTH 00 DEG. 10' 16” WEST, A DISTANCE OF 1,263.46 FEET; (3) THENCE SOUTH 88 DEG. 58' 23” EAST, A DISTANCE OF 339.74 FEET TO THE NORTHWEST CORNER OF LOT 15 PINELLAS GROVES AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (4) THENCE SOUTH 00 DEG. 09' 55” WEST, ALONG THE WESTERLY BOUNDARY OF SAID LOT 15 AND THE EASTERLY BOUNDARY LINE OF THE AFOREMENTIONED SPECTRUM TECHNOLOGY PARK, A DISTANCE OF 250.65 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG THE EASTERLY, SOUTHERLY AND WESTERLY BOUNDARY LINES OF SAID SPECTRUM TECHNOLOGY PARK THE FOLLOWING SEVEN (7) COURSES: (1) THENCE SOUTH 00 DEG. 12' 09” WEST, A DISTANCE OF 1,053.83 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 126TH AVENUE NORTH; (2) THENCE NORTH 89 DEG. 03' 51” WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 884.89 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF TRACT “A”, PINELLAS CENTER, AS RECORDED IN PLAT BOOK 78, PAGE 71, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (3) THENCE NORTH 00 DEG. 11' 54” EAST, ALONG SAID EASTERLY BOUNDARY LINE, A DISTANCE OF 330.03 FEET; (4) THENCE SOUTH 89 DEG. 00' 39” EAST, A DISTANCE OF 75.00 FEET; (5) THENCE NORTH 00 DEG. 16' 28” EAST, A DISTANCE OF 347.87 FEET; (6) THENCE SOUTH 89 DEG. 01' 33” EAST, A DISTANCE OF 137.23 FEET; (7) THENCE NORTH 00 DEG. 13' 36” EAST, A DISTANCE OF 198.35 FEET; THENCE NORTH 89 DEG. 24' 31” EAST, A DISTANCE OF 75.71 FEET; THENCE NORTH 00 DEG. 57' 02” WEST, ALONG A COMMON LOT LINE BETWEEN LOTS 1 AND 2 OF AFOREMENTIONED SPECTRUM TECHNOLOGY PARK, A DISTANCE OF 179.13 FEET; THENCE NORTH 89 DEG. 36' 42” EAST, A DISTANCE OF 73.02 FEET; THENCE NORTH 85 DEG. 02' 40” EAST, A DISTANCE OF 124.90 FEET; THENCE SOUTH 86 DEG. 31' 40” EAST, A DISTANCE OF 403.25 FEET TO THE POINT OF BEGINNING.
Description of Other Property
In all of Borrower's estate, right, title and interest in, to and under any and all of the following described property, whether now owned or hereafter acquired (collectively, the “Other Property”):
(A) All of easements, rights, privileges, franchises, tenements, hereditaments and appurtenances belonging or in any way appertaining to that certain real property more particularly described on Exhibit A attached to the Mortgage (the “Real Estate”), and all of the estate, right, title, interest, claim and demand whatsoever of Borrower therein or thereto, either at law or in equity, in possession or expectancy;
(B) All structures, buildings and improvements of every kind and description located or placed on the Real Estate (the Improvements”);
(C) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, and other emblements located on the Real Estate or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, revisions and remainders whatsoever, in any way belonging, relating or appertaining to the Property or any part thereof; all furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Borrower and located on, attached to or used in or about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Borrower as are used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment situated on or about the Real Estate or Improvements, and all warranties and guaranties relating thereto (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
(D) All water, water courses, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights and powers which are appurtenant to, located on, under or above or used in connections with the Real Estate or the Improvements, or any part thereof, together (i) with all utilities, utility lines, utility commitments, utility capacity, capital recovery charges, impact fees and other fees paid in connection with same, (ii) reimbursements or other rights pertaining to utility or utility services provided to the Real Estate and/or Improvements and (iii) the present or future use or availability of waste water capacity, or other utility facilities to the extent same pertain to or benefit the Real Estate and/or Improvements, including, without limitation, all reservations of or commitments or letters covering any such use in the future, whether now existing or hereafter created or acquired;
(E) All minerals, crops, timber, trees, shrubs, flowers and landscaping features located on, under or above the Real Estate;
(F) All cash funds, deposit accounts and other rights and evidence of rights to cash, created or held by Plaintiff pursuant to the Mortgage or any other of the Loan Documents including, without limitation, all funds now or hereafter on deposit in the Reserves (as defined in the Mortgage);
(G) All leases, licenses, tenancies, concessions and occupancy agreements of the Real Estate or the Improvements whether entered into before or after filing by or against Borrower of any petition for relief under 11 U.S.C. § 101, et seq. as the same may be amended from time to time (the “Bankruptcy Code”) and all rents, royalties, issues, profits, revenue, income and other benefits (collectively, the “Rents” or “Rents and Profits”) of the Real Estate, the Improvements, or the fixtures or equipment, arising from the use or enjoyment of all or any portion thereof or from any lease, license, tenancy, concession, occupancy agreement or other agreement pertaining thereto or any guaranty, letters of credit or other agreements pertaining thereto, whether paid or accruing before or after the date of filing by or against Borrower of any petition for relief under the Bankruptcy Code arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities (the “Security Deposits”) deposited in the security deposit account (the “Security Deposit Account”) to secure performance by the tenants, lessees or licensees, as applicable, of their obligations under any such leases, licenses, concessions or occupancy agreements, whether said cash or securities are to be held until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of said terms, subject to, however, the provisions contained in Section 1.11 of the Mortgage; all contracts and agreements entered into covering any part of the Real Estate or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Real Estate or the Improvements (including plans, specifications, studies, drawings, surveys, tests, operating and other reports, bonds and governmental approvals) or to the management or operation of any part of the Real Estate or the Improvements;
(H) All monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Real Estate or the Improvements;
(I) All funds, accounts, instruments, accounts receivable, documents, causes of action, claims (including, without limitation, all claims and rights to the payment of damages and other claims arising from the rejection by a tenant of any lease under the Bankruptcy Code), general intangibles (including, without limitation, trademarks, trade names, servicemarks and symbols used in connection with any part of the Real Estate or the Improvements, all names by which the Real Estate or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Borrower has or may have as developer or declarant under any condominium documents, covenants, restrictions or declarations relating to the Real Estate or the Improvements) and all notes or chattel paper arising from or by virtue of any transactions related to the Real Estate or the Improvements (collectively, the “General Intangibles”);
(J) All water taps, sewer taps, certificates of occupancy, permits, special permits, uses, licenses, franchises, certificates, consents, approvals and other rights and privileges obtained in connection with the Real Estate or the Improvements and all warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing located or installed on the Real Estate or the Improvements;
(K) All building materials, supplies and equipment placed on the Real Estate or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data relating to the Real Estate or the Improvements;
(L) All right, title and interest of Borrower in any insurance policies or binders relating to the Property including any unearned premiums thereon;
(M) All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards; and
(N) All other or greater rights and interests of every nature in the Real Estate or the Improvements and in the possession or use thereof and income therefrom.
(O) Without limiting the generality of the foregoing, in the event that a case under the Bankruptcy Code is commenced by or against Borrower pursuant to Section 552(b)(2) of the Bankruptcy Code, the security interest granted by the Mortgage shall automatically extend to all Rents acquired by the Borrower after the commencement of the case and shall constitute cash collateral under Section 363(a) of the Bankruptcy Code.
at public sale to the highest and best bidder for cash on the 2nd day of July, 2012, in Pinellas County, Florida by electronic sale beginning at 10:00 a.m. on the prescribed date at www.pinellas.realforeclose.com.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 500, Clearwater, FL 33756, (727) 464-4880 (V) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711.
DATED this 31st day of May, 2012.
CLERK OF CIRCUIT COURT
By: Todd F. Kobrin, Esq.
For the Court
TODD F. KOBRIN, Esq.
SHUTTS & BOWEN LLP
P.O. Box 4956
Orlando, FL 32802
407/423-3200
[email protected]
12516906 1
June 8, 15, 2012 12-04770